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An Electronic Travel Authorization (eTA) is a new requirement for foreign nationals from visa-exempt countries arriving in Canada by air, whether to visit the country directly or to pass through in transit.

VIOLATIONSTABLE 1EMPLOYER CONDITIONS

Be able to demonstrate that any information provided in respect of a work permit application was accurate during a period of six years, beginning on the first day of the foreign national’s employment

Type A

2.

209.2(1)(b)(ii) and 209.3(1)(c)(ii)

Retain any document that relates to compliance with cited conditions during a period of six years, beginning on the first day of the foreign national’s employment

Type A

3.

209.3(1)(a)(iii)(C)

For employers of a live-in caregiver: have sufficient financial resources to pay wages that were offered

Type A

4.

209.3(1)(c)(i)

Be able to demonstrate that any information provided for the assessment was accurate during a period of six years, beginning on the first day of the foreign national’s employment

Type A

5.

209.4(1)(a)

Report at any time and place specified to answer questions and provide documents

Type A

6.

209.4(1)(b)

Provide required documents

Type A

7.

209.4(1)(c)

Attend any inspection, unless the employer was not notified, give all reasonable assistance to the person conducting the inspection and provide that person with any required document or information

Type A

8.

209.2(1)(a)(ii) and 209.3(1)(a)(ii)

Comply with the federal and provincial laws that regulate employment and the recruiting of employees in the province in which the foreign national works

Type B

9.

209.2(1)(a)(iii) and 209.3(1)(a)(iv)

Provide the foreign national with employment in the same occupation and substantially the same, but not less favourable, wages and working conditions as outlined in the foreign national’s offer of employment

Type B

10.

209.3(1)(a)(iii)(A)

For employers of a live-in caregiver: ensure that foreign national resides in a private household in Canada and provides child care, senior home support care or care of a disabled person in that household without supervision

Type B

11.

209.3(1)(b)(i)

Ensure that the employment of the foreign national will result in direct job creation or retention for Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit

Type B

12.

209.3(1)(b)(ii)

Ensure that the employment of the foreign national will result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit

Type B

13.

209.3(1)(b)(iii)

Hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit

Type B

14.

209.3(1)(b)(iv)

Make reasonable efforts to hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit

Type B

15.

209.2(1)(a)(i) and 209.3(1)(a)(i)

Be actively engaged in the business in which the offer of employment was made, unless the offer was made for employment as a live-in caregiver

Type C

16.

209.3(1)(a)(iii)(B)

For employers of a live-in caregiver: provide the foreign national with adequate furnished private accommodation in the household

Type C

17.

209.2(1)(a)(iv) and 209.3(1)(a)(v)

Make reasonable efforts to provide a workplace that is free of abuse within the meaning of paragraph 72.1(7)(a) of these Regulations

Type C

TABLE 2 ADMINISTRATIVE MONETARY PENALTY AMOUNTS

Item

Column 1

Total Number of Points

Column 2

Type A Violation

Column 3

Type B Violation

Column 4

Type C Violation

Individual or Small Business ($)

Large Business ($)

Individual or Small Business ($)

Large Business ($)

Individual or Small Business ($)

Large Business ($)

1.

0 or 1

none

none

none

none

none

none

2.

2

500

750

750

1,000

1,000

2,000

3.

3

750

1,000

1,250

2,000

5,000

10,000

4.

4

1,000

2,000

3,000

7,000

10,000

20,000

5.

5

4,000

6,000

7,000

12,000

15,000

30,000

6.

6

8,000

10,000

12,000

20,000

20,000

40,000

7.

7

12,000

20,000

20,000

30,000

35,000

50,000

8.

8

20,000

30,000

35,000

45,000

45,000

60,000

9.

9 or 10

30,000

45,000

50,000

60,000

60,000

70,000

10.

11 or 12

40,000

60,000

60,000

70,000

70,000

80,000

11.

13 or 14

50,000

70,000

70,000

80,000

80,000

90,000

12.

15 or more

100,000

100,000

100,000

100,000

100,000

100,000

TABLE 3 PERIOD OF INELIGIBILITY

Item

Column 1 Total Number of Points

Column 2 Type A Violation

Column 3 Type B Violation

Column 4 Type C Violation

1.

0 to 5

none

none

none

2.

6

none

none

1 year

3.

7

none

1 year

2 years

4.

8

1 year

2 years

5 years

5.

9 or 10

2 years

5 years

10 years

6.

11 or 12

5 years

10 years

10 years

7.

13 or 14

10 years

10 years

10 years

8.

15 or more

permanent

permanent

permanent

TABLE 4 COMPLIANCE HISTORY

Items

Column 1 Criterion

Column 2 Points

1.

For Type A and Type B violations — first violation

1

2.

For Type A violations — second or subsequent violation

2

3.

For Type B violations — second violation

2

4.

For Type C violations — first violation

2

5.

For Type B violations — third or subsequent violation

3

6

For Type C violations — second violation

3

7.

For Type C violations — third or subsequent violation

4

TABLE 5 SEVERITY OF THE VIOLATION

Item

Column 1 Criterion

Column 2 Points

1.

The employer derived competitive or economic benefit from the violation

0 to 6

2.

The violation involved abuse of a foreign national (physical, psychological, sexual or financial)

0 to 10

3.

The violation negatively affected the Canadian labour market or the Canadian economy

0 to 6

4.

The employer did not make reasonable efforts to minimize or remediate the effects of the violation

0 to 3

5.

The employer did not make reasonable efforts to prevent recurrence of the violation

Express Entry is an immigration system which selects skilled workers to Canada under Federal Economic programs.

Applicants submit an online profile to the Express Entry Pool. Canadian employers and provincial governments across Canada access the best candidates who are invited by the Federal government to apply for Canadian permanent residence.

The government issues invitations at regular intervals during the year. The following are the invitations issued in 2015:

Citizenship and Immigration Canada has recently announced a new “Simplified Application Process” for Skilled Workers seeking to immigrate to Canada.

Previously, applicants were required to submit all the required forms in their entirety as well as all supporting documentation with their initial application as required by the Immigration Regulations. But due to long processing times, this often resulted in additional requests for documentation by the visa office as initial documentation became outdated.

The new change coming into effect September 1st, 2006, attempts to simplify the application process in that candidates seeking to immigrate need only submit the Application for Permanent Residence in Canada form, as well as the processing fee. This will suffice to place the application in the processing queue until such time as an immigration officer can review the file. Approximately four months before the file is ready to be processed the Visa Office will request additional forms and supporting documentation.

This does not represent a change in the forms or documentation required, nor does it represent a change to the requirements necessary to qualify. It simply represents a change as to the timing of when forms and supporting documentation are to be submitted for the purpose of eliminating the need for multiple form submissions.

Applicants must be forewarned however that applications being submitted under the new Simplified Application Process should be accompanied by a thoroughly detailed submission letter outlining the applicant’s credentials within the context of all the factors of assessment enumerated by the Immigration Regulations. Without any reference to the applicant’s credentials, applications which previously would have been accompanied by relevant supporting documentation, risk being refused.

Not all applicants will make use of the simplified process: the Visa Office in Buffalo will continue to make use of the former submission process, as will all skilled workers applying with points under the Arranged Employment Factor. Temporary residents on Student or Visitors visa’s, as well as Provincial Nominees and those selected by Quebec, will also continue to use the existing processing procedures.

Applications that have already been submitted will be processed under the existing processing procedures.